Section 35A:
Supersession of Board of Directors in certain cases.
1[35A. Supersession of Board of Directors in certain cases.--(1) 2[Where the Central
Government, on the recommendation of the Reserve Bank and in consultation with the State Bank] is
satisfied that in the public interest or for preventing the affairs of a subsidiary bank being conducted in
a manner detrimental to the interest, of the depositors or the subsidiary bank or for securing the proper
management of the subsidiary bank, it is necessary so to do, 3[the Central Government may], for
reasons to be recorded in writing, by order, supersede the Board of Directors of the subsidiary bank
for a period not exceeding six months as may be specified in the order:
Provided that the period of supersession of the Board of Directors may be extended from time to
time, so, however, that the total period shall not exceed twelve months.
(2)
3[The Central Government in consultation with the Reserve Bank may], on supersession of the
Board of Directors of the subsidiary bank under sub-section (1), appoint, for such period as it may
determine, an Administrator (not being an officer of the Central Government or a State Government)
who has experience in law, finance, banking, economics or accountancy.
(3) 4[The Central Government] may issue such directions to the Administrator as it may deem
appropriate and the Administrator shall be bound to follow such directions.
(4) Upon making the order of supersession of the Board of Directors of the subsidiary bank,
notwithstanding anything contained in this Act,--
(a) the chairman, managing director and other directors shall, as from the date of
supersession, vacate their offices as such;
(b) all the powers, functions and duties which may, by or under this Act, or any other law for
the time being in force, be exercised and discharged by or on behalf of the Board of Directors of
such subsidiary bank, or by a resolution passed in general meeting of the subsidiary bank, shall,
until the Board of Directors of the subsidiary bank is reconstituted, be exercised and discharged
by the Administrator appointed by 4[the Central Government] under sub-section (2):
Provided that the power exercised by the Administrator shall be valid notwithstanding that such
power is exercisable by a resolution passed in the general meeting of the subsidiary bank.
(5) 5[The Central Government in consultation with the Reserve Bank may] constitute a committee
of three or more persons who have experience in law, finance, banking, economics or accountancy to
assist the Administrator in the discharge of his duties.
(6) The committee referred to in sub-section (5) shall meet at such times and places and observe
such rules of procedure as may be specified by 4[the Central Government].
(7) The salary and allowances payable to the Administrator and the members of the Committee
constituted under sub-section (5) by 4[the Central Government] shall be such as may be specified by
4[the Central Government] and be payable by the concerned subsidiary bank.
(8) On and before the expiration of two months before expiry of the period of supersession of the
Board of Directors as specified in the order issued under subsection (1), the Administrator of the
subsidiary bank, shall call the general meeting of the subsidiary bank to elect new directors and
reconstitute its Board of Directors.
(9) Notwithstanding anything contained in any other law or in any contract, the memorandum or
articles of association, no person shall be entitled to claim any compensation for the loss or
termination of his office.
(10) The Administrator appointed under sub-section (2) shall vacate office immediately after the
Board of Directors of the subsidiary bank has been reconstituted.]
Notes:
1. Ins. by s. 17, ibid. (w.e.f. 9-7-2007).
2. Subs. by Act 17 of 2011, s. 9, for "Where the Reserve Bank, on the recommendation of the State Bank"
(w.e.f. 1-12-2011).
3. Subs. by s. 9, ibid., for "the Reserve Bank may" (w.e.f. 1-12-2011).4. Subs. by Act 17 of 2011, s. 9 for "the Reserve Bank" (w.e.f. 1-12-2011).
5. Subs. by s. 9, ibid., for "the Reserve Bank may" (w.e.f. 1-12-2011).